SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

LAURENS COUNTY, SOUTH CAROLINA

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-67-121

BACKGROUND

SCOPE
OF THE INVESTIGATION

This matter
was initiated by a complaint filed under title II of the Americans with
Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United
States Department of Justice ("Department") against Laurens County, South
Carolina.The complaint was received by
the Civil Rights Division of the Department of Justice, under the authority of
28 C.F.R. Part 35, Subpart F.The
complainant alleges that the County Historic Courthouse and other County
programs and services are not readily accessible to people with disabilities.

Because the
County receives financial assistance from the Department of Justice, the
investigation was also conducted under the authority of section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing
regulation, 28 C.F.R. Part 42, Subpart G.The Department expanded the scope of the investigation to include the
County's compliance with the following title II requirements:

Cto
conduct a self-evaluation of its services, policies, and practices by July 26,
1992, and make modifications necessary to comply with the Department's title II
regulation, 28 C.F.R. § 35.105;

Cto
notify applicants, participants, beneficiaries, and other interested persons of
their rights and the County's obligations under title II and the Department's
regulation, 28 C.F.R. § 35.106;

Cto
designate a responsible employee to coordinate its efforts to comply with and
carry out the Laurens County ADA responsibilities, 28 C.F.R. § 35.107(a);

Cto
operate each program, service, or activity so that, when viewed in its
entirety, it is readily accessible to and usable by individuals with
disabilities, 28 C.F.R. § 35.150, by:

Cdelivery of services, programs, or
activities in alternate ways, including, for example, redesign of equipment,
reassignment of services, assignment of aides, home visits, or other methods of
compliance or, if these methods are not effective in making the programs accessible,

Cphysical changes to buildings
(required to have been made by January 26, 1995), in accordance with the
Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for
Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal
Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.

Cto
ensure that facilities for which construction or alteration was begun after
January 26, 1992, are readily accessible to and usable by people with
disabilities, in accordance with 1) the Department's title II regulation and 2)
the Standards or UFAS, 28 C.F.R. § 35.151;

Cto
ensure that communications with applicants, participants, and members of the
public with disabilities are as effective as communications with others,
including furnishing auxiliary aids and services when necessary, 28 C.F.R. §
35.160;

Cto
provide information for interested persons with disabilities concerning the
existence and location of the County's accessible services, activities, and
facilities, 28 C.F.R. § 35.163(a); and

Cto
provide signage at all inaccessible entrances to each of its facilities,
directing users to an accessible entrance or to information about accessible
facilities, 28 C.F.R. § 35.163(b).

As part of
its compliance review, the Department reviewed the following facilities,which – because construction or alterations
commenced after January 26, 1992 – must comply with the ADA's new construction
or alterations requirements: Johnson Detention Center and the Judicial Services
Complex.

The Department's program access
review covered those of the County programs, services, and activities that
operate in the following facilities: Laurens County Library, Laurens County
Historical Court House, Laurens County Court House Annex - Sheriff's Office,
Church Street Office Complex, Laurens County Parking Lot, Laurens County Park,
and the Human Services Complex.

The
Department reviewed the County'spolicies and procedures regarding,
emergency management and disaster prevention, programs for victims of domestic
violence and abuse, and sidewalk maintenance to evaluate whether persons with
disabilities have an equal opportunity to utilize these programs.

Finally,
the Department reviewed the County's Sheriff's Department policies and
procedures regarding providing effective communication to persons who are deaf
or hard-of-hearing.

JURISDICTION

1.The ADA applies to the County because
it is a "public entity" as defined by title II.42 U.S.C. § 12131(1).

2.The Department is authorized under 28
C.F.R. Part 35, Subpart F, to determine the compliance of the Laurens County with
title II of the ADA and the Department's title II implementing regulation, to
issue findings, and, where appropriate, to negotiate and secure voluntary
compliance agreements.Furthermore, the
Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil
action enforcing title II of the ADA should the Department fail to secure
voluntary compliance pursuant to Subpart F.

3.The Department is authorized under 28
C.F.R. Part 42, Subpart G, to determine the County'scompliance with section
504 of the Rehabilitation Act of 1973, to issue findings, and, where
appropriate, to negotiate and secure voluntary compliance agreements.Furthermore, the Attorney General is
authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to
suspend or terminate financial assistance to the County provided by the
Department of Justice should the Department fail to secure voluntary compliance
pursuant to Subpart G or to bring a civil suit to enforce the rights of the
United States under applicable federal, state, or local law.

4.The parties to this Agreement are the
United States of America and Laurens County, South Carolina

5.In order to avoid the burdens and
expenses of an investigation and possible litigation, the parties enter into
this Agreement.

6.In consideration of, and consistent
with, the terms of this Agreement, the Attorney General agrees to refrain from
filing a civil suit in this matter regarding all matters contained within this
Agreement, except as provided in the section entitled "Implementation and
Enforcement."

ACTIONS TAKEN BY COUNTY

7.The County Council appointed a 7-person
Laurens County Disability Act Compliance Committee on December 13, 1994.The Committee conducted and completed a Self
Evaluation Plan in 1995 and a Transition Plan in 1996.

10.The County has taken immediate steps to
correct a number of access issues identified by the Department prior to
reaching this agreement.

REMEDIAL ACTION

NOTIFICATION

11.Within twelve months of the effective
date of this Agreement, the Countywill adopt the attached Notice (Attachment
A); distribute it to all agency heads; publish the Notice in a local newspaper
of general circulation serving the County; post the Notice on its Internet Home
Page; and post copies in conspicuous locations in its public buildings.It will refresh the posted copies, and
update the contact information contained on the Notice, as necessary, for the
life of this Agreement.Copies will
also be provided to any person upon request.

12.Within twelve months of the effective
date of this Agreement, and on yearly anniversaries of this Agreement until it
expires, the County will implement and report to the Department its written
procedures for providing information for interested persons with disabilities
concerning the existence and location of the County accessible programs,
services, and activities.

ADA
COORDINATOR

13.Within twelve months of the effective
date of this Agreement, the County will appoint or hire one or more ADA
Coordinator(s).The ADA Coordinator(s)
will coordinate the County's effort to comply with and carry out its
responsibilities under the ADA, including any investigation of complaint
communicated to it alleging its noncompliance with title II or alleging any
actions that would be prohibited under title II.The County will make available to all interested individuals the
name(s), office address(es), and telephone number(s) of the ADA Coordinator(s).

GRIEVANCE
PROCEDURE

14.Within twelve months of the effective
date of this Agreement, Laurens County will adopt the attached ADA Grievance
Procedure (Attachment B), distribute it to all agency heads, and post copies of
it in conspicuous locations in each of its public buildings.It will refresh the posted copies, and
update the contact information contained on it, as necessary, for the life of
the Agreement.Copies will also be
provided to any person upon request.

GENERAL
EFFECTIVE COMMUNICATION PROVISIONS

15.Within twelve months of the effective
date of this Agreement, the Laurens County will identify sources of qualified
sign language and oral interpreters, real-time transcription services, and
vendors that can put documents in Braille, and will implement and report to the
Department its written procedures, with time frames, for fulfilling requests
from the public for sign language or oral interpreters, real-time transcription
services, and documents in alternate formats (Braille, large print, cassette
tapes, etc.).

16.The Laurens County will take steps to
ensure that all appropriate employees are trained and practiced in using the
TTY and South CarolinaRelay Service to make and receive
calls.

9-1-1

17.Within twelve months of the effective
date of this Agreement, the County will ensure that each 9-1-1 call station is
equipped with a TTY or computer equivalent.

18.Within twelve months of the effective
date of this Agreement, the County will develop procedures for answering 9-1-1
calls that include training all call takers to use a TTY to take 9-1-1 calls,
to recognize a "silent" open line as a potential TTY call and respond by TTY,
and to ensure that TTY calls are answered as quickly as other calls received.

19.The County will monitor its incoming
9-1-1 TTY calls to ensure they are answered as quickly and accurately as other
calls received.

20.Laurens County will incorporate correct
TTY call-taking procedures into 9-1-1 call takers' performance evaluations and
will amend its personnel policies to include written disciplinary procedures
for call takers who fail to perform TTY call-taking consistent with the
training and procedures. The County will implement and report to the Department
its evaluation and procedures within twelve months of the effective date of
this Agreement.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

21.Within twelve months of the effective
date of this Agreement, Laurens County will adapt for its own use and implement
the Laurens County Sheriff's Office Policy Statement on Effective Communication
with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to
all Sheriff Department officers the Guide
for Law Enforcement Officers When in Contact with People Who are Deaf or Hard
of Hearing [Attachment D].

22.Within twelve months of the effective
date of this Agreement, Laurens Countywill contract with one or more
local qualified oral/sign language interpreter agencies to ensure that the
interpreting services will be available on a priority basis, twenty-four hours
per day, seven days a week, to its sheriff's department or make other
appropriate arrangements (such as contracting directly with or hiring qualified
interpreters).

23.Within twelve months of the effective
date of this Agreement, Laurens County will ensure that eachsheriff station or substation and each
detention facility is equipped with a working TTY to enable persons who are
deaf, hard of hearing, or who have speech impairments to make outgoing
telephone calls.Where inmate telephone
calls are time-limited, the Laurens County will adopt policies permitting
inmates who use TTY's a longer period of time to make those calls, due to the
slower nature of TTY communications compared with voice communications.

EMPLOYMENT

24.Within twelve months of the effective
date of this Agreement, Laurens County will amend its employment policies, as
necessary, to comply with the regulations of the U.S. Equal Employment Opportunity
Commission implementing title I of the Americans with Disabilities Act of 1990,
codified at 29 C.F.R. Part 1630.At
minimum, those policies will provide that the Laurens County:

Cwill not
discriminate on the basis of disability in its hiring or employment practices.

Cwill not
ask a job applicant about the existence, nature, or severity of a
disability.Applicants may be asked
about their ability to perform specific job functions.Medical examinations or inquiries may be
made, but only after a conditional offer of employment is made and only if
required of all applicants for the position.

Cwill make
reasonable accommodations for the known physical or mental limitations of a
qualified applicant or employee with a disability upon request unless the
accommodation would cause an undue hardship on the operation of the County's
business.If an applicant or an
employee requests a reasonable accommodation and the individual's disability
and need for the accommodation are not readily apparent or otherwise known,Laurens
County may ask the individual for information necessary to determine if the
individual has a disability-related need for the accommodation.

Cwill make
an individualized assessment of whether a qualified individual with a
disability meets selection criteria for employment decisions.To the extent the Laurens County selection
criteria have the effect of disqualifying an individual because of disability,
those criteria will be job-related and consistent with business necessity.

SIDEWALKS

25.Within twelve months of the effective
date of this Agreement, the County will implement and report to the Department
its written process for soliciting and receiving input from persons with
disabilities regarding the accessibility of its sidewalks, including, for
example, requests to add curb cuts at particular locations.

26.Within twelve months of the effective
date of this Agreement, the County will identify and report to the Department
all streets, roads, and highways that have been constructed or altered since
January 26, 1992.Paving, repaving, or
resurfacing a street, road, or highway is considered an alteration for the
purposes of this Agreement.Filling a
pothole is not considered an alteration for the purposes of this
Agreement.Within three years of the
effective date of this Agreement, the County will provide curb ramps or other
sloped areas complying with the Standards or UFAS at all intersections of the
streets, roads, and highways identified under this paragraph having curbs or
other barriers to entry from a street level pedestrian walkway.

27.Beginning no later than twelve months
after the effective date of this Agreement, the County will provide curb ramps
or other sloped areas complying with the Standards or UFAS at any intersection
having curbs or other barriers to entry from a street level pedestrian walkway,
whenever a new street, road, or highway is constructed or altered.

28.Within twelve months of the effective
date of this Agreement, the County will identify all street level pedestrian
walkways that have been constructed or altered since January 26, 1992.Paving, repaving, or resurfacing a walkway
is considered an alteration for the purposes of this Agreement.Within three years of the effective date of
this Agreement, the County will provide curb ramps or other sloped areas
complying with the Standards or UFAS at all places where a street level
pedestrian walkway identified under this paragraph intersects with a street,
road, or highway.

29.Beginning no later than twelve months
after the effective date of this Agreement, the County will provide curb ramps
or other sloped areas complying with the Standards or UFAS at all newly constructed
or altered pedestrian walkways where they intersect a street, road, or highway.

WEB-BASED
SERVICES AND PROGRAMS

30.Within twelve months of the effective
date of this Agreement, and on subsequent anniversaries of the effective date
of this Agreement, the County will distribute to all persons – employees and
contractors – who design, develop, maintain, or otherwise have responsibility
for content and format of its website(s) or third party websites used by the
County (Internet Personnel) the technical assistance document, "Accessibility
of State and Local Government Websites to People with Disabilities," which is
Attachment H to this Agreement (it is also available at
www.ada.gov/websites2.htm).

31.Within twelve months of the effective
date of this Agreement, and throughout the life of the Agreement, the County
will do the following:

A.Establish, implement, and post online a
policy that its web pages will be accessible and create a process for
implementation;

B.Ensure that all new and modified web pages
and content are accessible;

C.Develop and implement a plan for making
existing web content more accessible;

D.Provide a way for online visitors to
request accessible information or services by posting a telephone number or
e-mail address on its home page; and

E.Periodically (at least annually) enlist
people with disabilities to test its pages for ease of use.

PHYSICAL
CHANGES TO FACILITIES

32.The elements or features of the County
facilities that do not comply with the Standards, including those listed in
Attachments I, J, K, and L, prevent some persons with disabilities from fully
and equally enjoying Laurens County services, programs, or activities and
constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

33.The County will comply with the cited
provisions of the Standards when taking the actions required by this Agreement.

34.Within twelve months of the effective
date of this Agreement, the County will install signage as necessary to comply
with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the
subject of this Agreement for the purpose of identifying those that have
multiple entrances not all of which are accessible.

35.Newly Constructed Facilities:In order to ensure that the following spaces
and elements in Laurens Countyfacilities, for which construction
was commenced after January 26, 1992, are readily accessible to and usable by
persons with disabilities, the County will take the actions listed in
Attachment
I.

36.Altered Facilities:In order to ensure that the following spaces
and elements in the Countyfacilities, for which alterations
commenced after January 26, 1992, are readily accessible to and usable by
persons with disabilities, the County will take the actions listed in
Attachment J.

37.Program Access in County Existing
Facilities:In order to ensure that
each of the County programs, services, and activities operating at a facility
that is the subject of this Agreement, when viewed in its entirety, is readily
accessible to and usable by persons with mobility impairments, the County will
take the actions listed in Attachment K.

PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE

38.If the County owns or operates any
Domestic Violence Programs, within twelve months of the effective date of this
Agreement, it will do the following:

A.Whatever written information is provided
regarding its Domestic Violence Programs will also be provided in alternate
formats, including Braille, large print, audio recording, and electronic
formats, upon request.

B.Enter into contracts or make other
arrangements with qualified sign language and oral interpreters to ensure their
availability when required for effective communication with persons who are
deaf or hard of hearing.The type of
aid that will be required for effective communication will depend on the
individual's usual method of communication, and the nature, importance, and
duration of the communication at issue.In many circumstances, oral communication supplemented by gestures and
visual aids, an exchange of written notes, use of a computer or typewriter, or
use of an assistive listening device may be effective.In other circumstances, qualified sign
language or oral interpreters are needed to communicate effectively with
persons who are deaf or hard of hearing.The more lengthy, complex, and important the communication, the more
likely it is that a qualified interpreter will be required for effective
communication with a person whose primary means of communication is sign
language or speech reading.

C.If the County's Domestic Violence
Programs operate a hotline to take telephone calls of an emergency nature, the
County shall ensure that it provides equivalent service for persons who use
TTY's, including providing direct-connection service for TTY users with hotline
operators, without requiring TTY users to call through a third party operator,
such as through the state or local Telecommunication Relay Services.The County will obtain the necessary
equipment, establish the written procedures, and provide the training necessary
to ensure effective communication by Hotline staff with direct-connection
callers using TTY's, as well as the training necessary to respond to callers
who use the Telecommunication Relay Services.

D.Survey facilities used as shelters or
designated as potential shelters – or for counseling, job training, education,
clothing or household provisioning, or other aspects of Domestic Violence
Programs – to ensure that adequate arrangements are available for potential
clients and family members with disabilities, including adults and children who
have mobility impairments, who are blind or have low vision, and who are deaf
or hard of hearing.Within one year of
the effective date of this Agreement, modify each such facility to remove the
barriers or, alternatively, procure another, fully accessible facility to
ensure that potential clients and family members with disabilities have
integrated options when participating in a sheltering or other Domestic
Violence program.Nothing in this
Agreement requires any modifications that would compromise the confidentiality
of a shelter or counseling center.Until there is a sufficient stock of accessible housing and other
facilities within the sheltering program, County will implement written
procedures ensuring that it has identified temporary accessible housing (such
as accessible hotel rooms within the community or in nearby communities) and
other facilities that could be used if people with disabilities need sheltering
or inservice access to a Domestic Violence Program.The cost to potential clients of being housed or otherwise served
in alternate accessible facilities shall not exceed any costs normally attributed
to clients of County's Domestic Violence Programs.

E.Implement written procedures and
modify, as appropriate, eligibility criteria, to ensure that no person with a
disability is turned away from a shelter or otherwise denied the opportunity to
benefit from the services of the County's Domestic Violence Programs on the
basis of disability.

F.Implement written procedures to ensure
that persons with disabilities who use service animals are not denied or
discouraged from participating in Domestic Violence Programs, are able to be
housed and served in an integrated environment, and are not separated from
their service animals while participating in the County's Domestic Violence
Programs even if pets are normally not permitted in the facilities where such
programs are conducted.The procedures
will not unnecessarily segregate persons who use service animals from others
but may take into account the potential presence of persons who, for safety or
health reasons, should not be in contact with certain types of animals.If the County's Domestic Violence Programs
require clients to make any payments for shelter or other services they
provide, clients shall not be required to make additional payments because they
or their family members use service animals.

G.Implement written procedures to ensure
that reasonable modifications are made to County's Domestic Violence Programs
when necessary for a client or family member with a disability to participate
in such Programs, unless doing so would fundamentally alter the nature of the
program.

H.Implement written policies to ensure
that despite any "drug-free" policy of County's Domestic Violence Programs,
persons with disabilities who use medication prescribed for their use are able
to continue using such medication while participating in such Programs or being
housed in a shelter.

39.If the County contracts with another
entity to provide or operate programs that provide shelter, counseling, or
other assistance or supportive services to victims of domestic violence or
abuse and their families (hereafter referred to as "Domestic Violence
Programs"),it will ensure that the
other entity complies with the preceding provisions on its behalf.If that entity will not comply with the
following provisions, the County will nonetheless take all necessary steps to
ensure that its program is accessible to persons with disabilities.

40.Some of the of the County's shelters may
be owned or operated by other public entities subject to title II or by public
accommodations subject to title III and, as such, are subject to the obligation
to provide program access or remove barriers to accessibility under the
ADA.This Agreement does not limit such
future enforcement action against the owners or operators of these facilities
by any person or entity, including the Department.

41.This Agreement shall not be construed to
require the County to divulge confidential information relating to the location
or existence of any Domestic Violence Programs, beyond what is otherwise
required by applicable law or what is necessary for the Department to
effectively enforce this Agreement.

MISCELLANEOUS
PROVISIONS

42.Except as otherwise specified in this
Agreement, at yearly anniversaries of the effective date of this Agreement
until it expires, the County will submit written reports to the Department summarizing
the actions the County has taken pursuant to this Agreement.Reports will include detailed photographs
showing measurements, architectural plans, work orders, notices published in
the newspaper, copies of adopted policies, and proof of efforts to secure
funding/assistance for structural renovations or equipment.

43.Throughout the life of this Agreement,
consistent with 28 C.F.R. § 35.133(a), the Countywill maintain the accessibility of its programs, activities,
services, facilities, and equipment, and will take whatever actions are
necessary (such as routine testing of accessibility equipment and routine
accessibility audits of its programs and facilities) to do so.This provision does not prohibit isolated or
temporary interruptions in service or access due to maintenance or
repairs.28 C.F.R. § 35.133(b).

44.Within twelve months of the effective
date of this Agreement, the County will develop or procure a two-hour training
program on the requirements of the ADA and appropriate ways of serving persons
with disabilities. The County will use the ADA technical assistance materials
developed by the Department and will consult with interested persons, including
individuals with disabilities, in developing or procuring the ADA training
program.

45.Within twelve months of the effective
date of this Agreement, The County will deliver its training program to all the
Countyemployees who have direct
contact with members of the public.At
the end of that period, the County will submit a copy of its training
curriculum and materials to the Department, along with a list of employees
trained and the name, title, and address of the trainer.

IMPLEMENTATION AND ENFORCEMENT

46.If at any time the County desires to
modify any portion of this Agreement because of changed conditions making
performance impossible or impractical or for any other reason, it will promptly
notify the Department in writing, setting forth the facts and circumstances
thought to justify modification and the substance of the proposed modification.Until there is written Agreement by the
Department to the proposed modification, the proposed modification will not
take effect.These actions must receive
the prior written approval of the Department, which approval will not be
unreasonably withheld or delayed.

47.The Department may review compliance with
this Agreement at any time.If the
Department believes that the County has failed to comply in a timely manner
with any requirement of this Agreement without obtaining sufficient advance
written agreement with the Department for a modification of the relevant terms,
the Department will so notify the Countyin writing and it will attempt to
resolve the issue or issues in good faith.If the Department is unable to reach a satisfactory resolution of the
issue or issues raised within 30 days of the date it provides notice the
County, it may institute a civil action in federal district court to enforce
the terms of this Agreement, or it may initiate appropriate steps to enforce
title II and section 504 of the Rehabilitation Act.

48.For purposes of the immediately preceding
paragraph, it is a violation of this Agreement for the County to fail to comply
in a timely manner with any of its requirements without obtaining sufficient
advance written agreement with the Department for an extension of the relevant
time frame imposed by the Agreement.

49.Failure by the Department to enforce this
entire Agreement or any provision thereof with regard to any deadline or any
other provision herein will not be construed as a waiver of the Department's
right to enforce other deadlines and provisions of this Agreement.

50.This Agreement is a public document.A copy of this document or any information
contained in it will be made available to any person by the County or the Department
on request.

51.This Agreement does not address the
accessibility of voting equipment or voting systems, including polling place
accessibility, or any modifications to polling-related policies and procedures
that may be necessary to ensure access for persons with disabilities.

52.This Agreement constitutes the entire
agreement between the parties on the matters raised herein, and no other
statement, promise, or agreement, either written or oral, made by either party
or agents of either party, that is not contained in this written Agreement
(including its Attachments, which are hereby incorporated by reference), will
be enforceable.This Agreement does not
purport to remedy any other potential violations of the ADA or any other
federal law.This Agreement does not
affect the County continuing responsibility to comply with all aspects of the
ADA and section 504 of the Rehabilitation Act.

53.This Agreement will remain in effect for
five years.

54.The person signing for the County
represents that he or she is authorized to bind the County to this Agreement.

55.The effective date of this Agreement is
the date of the last signature below.